Calculating Alimony in Illinois

By
Roscich & Martell Law Firm, LLC
|October 16, 2015

In all new Illinois divorce cases,
spousal support awards are much more predictable than they used to be, at least in most
situations. In the last several years, a growing number of states have
reconsidered their alimony laws in response to criticism from advocacy
groups. These organizations claim that permanent alimony is essentially
punitive and does not reflect the purpose of such payments. The argument
may be correct or incorrect; however, its tenants have been at least partially
adopted in a number of jurisdictions, including The Land of Lincoln.

The Change

Before January 2015, spousal support determinations were similar to child
custody orders—both were rather subjective. Custody orders must
be in the best interests of the children, and judges examine a number
of factors to make that determination; maintenance awards used essentially
the same process.

Furthermore, the law contained an implicit assumption that the recipient
spouse's economic status was permanently lower than the paying spouse's
lifestyle. Such a condition may be true in many cases, but it is certainly
not present in all situations.

The main objection from lawyers and advocacy groups was that the subjective
standard led to unpredictable results.

As of January 2015, spousal maintenance decisions structurally resemble
child support orders: there is a default guideline, and judges have discretion
to deviate from the guidelines in certain circumstances. Moreover, permanent
alimony has essentially been abolished under this more objective standard.

The Rule

The revised Section 504 of the Illinois Marriage and Dissolution of Marriage
Act applies to all couples whose combined gross income is under $250,000.
In most cases, the formula to determine the amount is 30 percent of the
payor spouse's gross income minus 20 percent of the payee's gross
income; the duration of payments is a multiplier based on the length of
the marriage.

Assume that Wife's gross income is $40,000, Husband's gross annual
income is $30,000, and they are divorcing after an eight year marriage.
Wife would owe Husband $7,000 per year for 3.2 years ($13,000 minus $6,000
multiplied by .4). In most cases, the payments would be $580 per month
for 38 months.

Before the judge can award maintenance, however, there must be a determination
that maintenance is reasonable under the circumstances, based on factors
including:

Income and property of the parties,

Duration of the marriage,

Custody of minor children, and

Any other factor the court deems relevant.

A judge can deviate from the guidelines and apply these same factors to
determine the amount and duration of payments, if appropriate.

If you have questions in regards to calculating alimony in Illinois, or
any other family law matter, please contact an experienced
Naperville family law attorney today at Roscich &amp; Martel Law Firm, LLC. Convenient payment plans
are available.

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